Judge orders medical test of Ampatuan clan member inside jail

File photo taken on Nov. 25, 2009, shows police forensic officers trying to identify the bodies of dozens of victims of the worst political violence in the Philippines’ history. INQUIRER MINDANAO FILE PHOTO

MANILA, Philippines—A court has directed the warden of the Quezon City Jail to have doctors examine, within the confines of the jailhouse, a member of the Ampatuan clan who is among the accused in the Maguindanao massacre case and has asked to be allowed to check into a government hospital for a medical checkup.

Judge Jocelyn Solis-Reyes of Branch 22 of the Quezon City Regional Trial Court deferred resolution of the June 13 request of Akmad “Datu Tato” Ampatuan Sr. to be examined at the Philippine General Hospital or any other government hospital, pending the results of his medical checkup by a doctor of the Bureau of Jail Management and Penology.

Ampatuan, a former mayor of the town of Mamasapano in Maguindanao, is a nephew and son-in-law of former Maguindanao Gov. Andal Ampatuan Sr., who is among the primary accused in the November 23, 2009 slaughter of 58 persons, including 32 media workers, in Maguindanao. He is detained at the Quezon City Jail annex at Camp Bagong Diwa in Bicutan, Taguig City.

In her two-page order, Reyes said that while the accused is entitled to medical treatment or checkup, Ampatuan failed to support his allegation with documentary proof that would inform the court and the prosecution panel of his current health condition and of the need for him to get treatment at a medical facility outside the Quezon City Jail annex.

In his urgent motion for medical examination and/or treatment, Ampatuan asked to be allowed an escorted medical treatment or complete medical checkup at the PGH or any government hospital to avoid complications that could put his life in danger.

Ampatuan claimed to be a diabetic and said that his detention of more than three years had taken a toll on him in the form of “frequent fatigue, weakness and dizziness.”

Considering Ampatuan’s claims, Reyes said, “The court deems it proper to have said accused-movant be examined first by the BJMP physician-on-duty.”

She ordered the warden or officer-in-charge of the Quezon City Jail annex to immediately have Ampatuan checked up by a BJMP doctor and to submit to the court “without delay” the results of the medical examination as well as the physician’s recommendations.

Reyes postponed any action on Ampatuan’s motion until after the jail warden has complied with her directive.

Ampatuan has another pending request in court for permission to attend his daughter’s July 6 graduation at the Philippine International Convention Center.

Meanwhile, another accused in the case, Datukan Malang Salibo, has asked for the deferment of his scheduled arraignment on Wednesday pending resolution by the Supreme Court and the Court of Appeals of petitions questioning the charges against him and for the issuance of a writ of habeas corpus.

Salibo claimed to have been arrested and detained after being mistaken for Butukan S. Malang, who is listed on the charge sheet against the 195 accused in the massacre case.

Reyes scheduled Salibo’s arraignment after denying motions to drop the charges against him and quash arrest and detention orders.

The judge said in her June 20 decision that while Salibo’s name does not appear on the charge sheet, his name was indicated as Malang’s alias in the return of the arrest warrant and commitment order. She also noted Salibo’s identification by his co-accused, who testified that he was with the former Maguindanao governor at the time of the November 23, 2009 massacre.